WBUR reported yesterday: “J.W. Carney Jr., one of Bulger’s lawyers, said Bulger was “pleased that he held to his principles” by staying silent and refusing to participate in the sentencing.
Bulger’s lawyers said he believes his trial was a “sham” because he was not allowed to argue that a now-deceased federal prosecutor gave him immunity to commit crimes.”
I scratched my head after reading that. I had to go to the Oxford English dictionary for succor. It defined principle as: “A personal code of right action; rectitude, honourable character.” That’s what I thought. The word incorporated the idea of something good. Suggesting that a man who I considered devoid of all good stuck to the principles left me bewildered. How can someone without something hold on to them?
What further bothered me is the idea that his principles are based on his idea that he did not have a fair trial wherein he complains he should have been able to present evidence to the jury of the screwball idea that someone could tell him he could murder whomever he wanted and not suffer any consequences.
He whines that he should have been able to show the jury that AUSA Jeremiah O’Sullivan, who now is conveniently dead. told him he would not be prosecuted for any crime, past, present or to come. Boil that down to its basic ingredient. Whitey wanted the jury to believe that O’Sullivan was able to immune him for all his past murders and give him immunity to murder people in the future.
To keep this in perspective, remember no one else in our history had ever made such a claim. There is also no written record of it having been made. The only proof of it will come from the mouth of Whitey. Although it is clearly beyond the power of anyone in America, including the president or the attorney general, to give another person the right to murder others, for now lets pretend that O’Sullivan could do this.
The next question is did he?
One way to determine whether such an agreement existed is through the actions of the parties involved. What did Jeremiah O’Sullivan do to show that such an agreement existed; what did Whitey do to show it.
There are things you could point to that show O’Sullivan had an agreement with Whitey: he kept him out of the Race Fix case and tipped him off that Lancaster Street was bugged. You could also say that Whitey was never prosecuted during the years O’Sullivan was around, that is up to 1990. On the other hand O’Sullivan denied ever meeting Whitey or that he ever had an agreement with him.
When we look at Whitey’s action it is then when his claim gets broken up upon the rocks. Where does he show that he thought he had a free ticket? Every actions he took points just the other way.
Consider his relationship with former FBI Agent John Connolly. What does he tell us about it? He said he was never Connolly’s informant but that he paid him for information and I assume protection. Apparently he paid him hundreds of thousand of dollars since we were told that at one time he allegedly gave him $50,000. Why is he doing that if he has carte blanche to commit any crime he wants?
Consider the way he did his murders of McIntyre, Barrett, Davis, and Hussey. He didn’t do them openly. He murdered them and then hid the bodies. Buried them so no one would know about them. The same way he hid the bodies of McGonagle and King who he murdered before the date of the agreement. If he thought he had the right to do this, why is trying to hide his actions and why did he not change his MO from the way he acted before the agreement?
Consider his actions when he thought that he was going to be charged with racketeering; charges that did not include any of his murders. These related to his money laundering and extortions, minor crimes in the realm of things. When he heard the indictments were to be returned he fled. If he thought he had a deal, and O’Sullivan was alive at that time, why didn’t he come forward and tell us of the agreement rather than running?
All his actions during his criminal life were no different from any other criminal. Nothing he did from 1979 onward ever showed that he believed before he was arrested that he had the right to commit these crimes. There exists no witness other than himself to the conversation between him and O’Sullivan.
What we are left with is a man without principle who says he is pleased because he stuck to a principle of remaining quiet and refusing to participate in his sentencing. What he didn’t seem to understand is that he fully participated in his sentencing because all that was necessary for him to do this was his presence not his words.
If anything in this long drawn out episode is a sham it is Whitey’s claim he had a right to murder anyone he choose.
I apologize for the naivety or at best, idealistic view but I think anyone should be able to put on any defense they wish. If it is outrageous and ridiculous, like this one, what exactly is the harm? Perhaps he wanted to claim that he was possessed by the spirit of Animal Barboza, it would be based in the same amount of fact as the O’Sullivan covenant claim.
I believe the govt. had this denied to avoid the mud slinging about the actions of govt. officials. It wasn’t so much that they believe the defense would work but what mud would be slung about their own actions. This was reinforced during the trial when the focus was so much about the immaterial informant issue. The govt. knew they had a case that would close and the strategy of the trial was to protect the govt. interests and perform damage control. Therefore a defense, regardless of how ridiculous, was denied. This was done not for the sake of justice or fairness but in the interest of damage control and that is disappointing. The govt. agenda should not dictate the function of the justice system.
Once again, I apologize for my naivety.
Another:
You might think anyone can put any defense in that they want but we do have rules regarding materiality and relevence. If I’m on trial for an armed robbery and I want to bring in evidence in my defense that Martians or other out of space people came down and captured me and produced a clone and the clone robbed the bank then the court would probably say that is not permissible especially if I claimed some of my witnesses (the Martians) had not shown up even thought I handed them a subpoena.
The harm in letting anyone do what he wants is to avoid turning trials into circuses. In the John Connolly case a government witness, Felix, testfied that Connolly asked him about Billy Bulger; the defense produced a witness, Joe, who was at the conversation between Connolly and Felix who testified Connolly didn’t ask him about Billy; if we didn’t have limits the government could bring in evidence from Mike that Joe told him Connolly did ask about Billy; and then defense bring in a witness to say that Mike told him that he never heard Connolly say anything about Billy. – you see how that had nothing to do with the trial itself which did not charge Connolly with anything relating to Billy. To go on if there was no control things could really get out of hand.
The government agencies like any party in litigation has a chance to be heard and present its side of the case. The government would be remiss if it did not try to limit the trial to issues that pertain to the charges. It argued its side in front of a judge; the defense argued its side and the judge made a ruling, as all judges must do, in favor of one side over another. The judge dictates what evidence will be admitted and if she is wrong then it will be reversed on appeal.
It seems that Pat Nee has an immunity agreement with the US Attorneys Office. The contours of that secret agreement are discernible from the evidence used against Whitey. It seems remarkably similar to the agreement Whitey claims to have had.
US Attorneys may not have the actual legal authority to make such an agreement. Margolis swore they don’t. That doesn’t mean they don’t make such agreements. If a US Attorney promises a criminal he will be protected from prosecution in federal court, and that US Attorney in fact protects him, isn’t that just as good as real authority? Nobody can disturb the agreement but another US Attorney at another time because the US Attorney is at the very top of the law enforcement food chain.
“Pat Nee has nothing to do with this case…nothing at all! It’s a nonsequitor!”
-Fred Wyshak June 11, 2013
Patty:
The problem I see is that the DOJ has no jurisdiction over any of the murders Nee may have committed which seems to preclude any immunity agreement.
The problem with Whitey’s claim is it is absurd. He is suggesting that he was given a pass to murder people. That is unheard of in American jurisprudence. Nee is making no such claim.
No one in law enforcement knew of Whitey’s murders until 2000 so obviously he could not be prosecuted for them prior to that time.
He knew, they knew. Same as they derailed sexual assault charges against MacKenzie and that took sharing of info. between the BPD and FBI.
Above referenced matter was in the 80’s when Connolly was there and calling the shots.
“Agent Connolly never arrested Whitey.” Agent Connolly retired from the FBI in 1990. No one prior to 1990 arrested Whitey–no federal, state or local cop. NO reporter prior to 1990 identified Whitey as the culprit in any murders or in drug-trafficking (cocaine and grass). What was Connolly going to arrest him for: Racketeering? The FEDs told Whitey he could continue his organized criminal activities (loan-sharking, bookmaking etc), but the FEDs said “no violence” or “no murders.” The corrupt FBI agent Morris under oath said he told Whitey every year “no violence” and Flemmi testified when he asked Morris what “no violence” meant, Flemmis said Morris told him it meant “no murders; don’t kill anyone!” You know it’s easy to look back from 2013 and say what John Connolly should have known in the 1980s, when no one else in law enforcement or the press (Globe and Herald included) knew what was happening. Ask your Globe and Herald friends to supply one article they wrote in the 1970s or 1980s pinpointing Whitey’s or Martorano’s involvement in murders. They can’t produce one from the 1980s, not one before John Connolly retired. Yet, today, reporters like Cullen say Bulger’s family had “blinders” on. Well so did Cullen and all the Globe’s vaunted “spotlight” team reporters. They were silent on these matters, ignorant. Local police and local DAs had their suspicions, but no concrete evidence; if they had concrete evidence in the 1980s they were under an affirmative duty to arrest Bulger, Flemmi, Martorano et al. John Connolly was scapegoated by the FEDs based on the serial killer/serial perjurer Steve Flemmi’s self-serving lies. Connolly did what his Superiors told him to do. You know it’s funny: In 23 years as an FBI agent, John Connolly in Boston and New York interacted with many gangsters and only one Flemmi testified Connolly was taking money. Whitey, according to his attorneys, also was prepared to say Connolly took money, but I suspect Whitey gave money to the corrupt Morris expecting he’d split it with Connolly, but the greedy corrupt Morris kept it all to himself. Even so, no other of the scores of gangsters Connolly dealt with ever came forward to say he took a nickel. Morris admitted taking money from multiple criminal sources: gangsters, gamblers, drug dealers. Many of us till this day are firmly convinced that John Connolly was scapegoated and framed by the FBI/DOJ. He was the lowest man on the totem pole and he was thrown to the wolves!
You seem to be very defensive of Connolly – you misquoted me by omitting the et al from the middle of my above statement. I would say there was plenty Whitey could have been arrested for by Connolly et al which was just demonstrated this summer at trial in the federal court house.
Jan, you repeat the same mistake: What was told at trial in 2013 was not known in the 1970s and 1980s when John Connolly was an FBI agent. Connolly retired in 1990 and no one knew who killed whom or the extent of Bulger, Flemmi, Martorano’s involvement in murders, drugs and other rackets. No one!!!! Connolly was framed and scapegoated. Period!!!!
Jan:
Give me an example. Sorry for the misquote.
Also, law enforcement arrests do not necessitate anybody from the globe, Herald or any publication writing an article regarding the suspect, one would expect a news article subsequent to arrest not prior. If you have an avenue to John Connolly you can inquire with him if he’s the FBI agent that visited ‘Kathleen’ at the UMass Boston Registrars office after she accompanied her friend in her road locked attempt in filing charges with the BPD against the heinous rapist Edward MacKenzie. the FBI derailed those charges for their informant MacKenzie as was demonstrated by the expedient visit they paid to the complainant’s witness.
Jan:
I have as much access to John Connolly as you do. You could write him at his Florida prison and aske him.
William:
Good post except Whitey clearly says he gave Connolly money, as much as $50.000 a shot. He didn’t say Morris. He said Connolly. Whether that is true or not is another question by by suggesting Whitey meant Morris when he was in continual contact with Connolly diminishes the rest of your good points.
Matt: Whitey said nothing as far as I know. I’m saying what Whitey’s attorneys, Carney and Brennan, said. I may have missed something. I only know of Carney saying that Whitey said it. Carney’s words in his Opening are not evidence. They are argument, opinion. Did Whitey write this? Or did some reporter say he said it. When? But I agree, if Whitey said it, I still wouldn’t believe it. I believe Connolly when he said in open court in Miami “I never took a dime!” Connolly was the convenient scapegoat for everyone!!!! Blame Connolly and we can get a “get out of jail free” card and the FEDs can cover everything else up and wash their hands of everytning. This was the thinking of the top echelon bosses within the FBI/DOJ. 2. Please tell Jan that no one in law enforcement “knew” Whitey or Martorano killed anyone until the late 1990s, long after John Connolly retired from the FBI. Local DAs, Quincy Police and others as you’ve reported had their suspicions, but if they had probable cause to arrest him for a specific murder or specific extortionate act or any other felony, they would have done it. Jan’s mistake it seems to me is to think people in the 1980s knew what people in 2013 now know. 3. My point about the newspapers is that they often report on crimes BEFORE investigations and arrests, they oftentimes trigger investigations, raise questions, etc, and yet neither the GLOBE nor HERALD informed any of its readers about Bulger, Martorano or Nee or linked them to any specific murders. The Newspapers had blinders on!!!! Or the newspapers were in the gangsters’ satchel. The FBI/DOJ—don’t forget the higher ups in the DOJ, judges, prosecutors, administrators—protected the gangsters from local law enforcement and let violent gangsters roam free and set many career criminals and serial killers free. 3. Again, the FBI was found civilly liable for mishandling the TEI gangsters resulting in many “wrongful deaths”; the Federal Civil Trial was in 2006, as I recall. While Connolly’s jury was out in Florida in 2008, the Fed Appeals Court released its decision affirming the lower court’s decision. The FBI/DOJ was found 100% liable as I recall; the Federal Civil Court found Connolly was acting within the scope of his employment, not as a rogue agent. At least that’s my reading. I don’t think the Civil Judge apportioned liability. But I may be wrong. Every once in a blue moon I make a minor mistake in life.
I suppose it would have befitted Whitey if he said he was pleased he held to his guns as opposed to his principles. I’ll play devil’s advocate (perhaps for real) and say it’s possible O’Sullivan did make such an agreement with Whitey. Who else from O’Sullivans time frame is still around to support or refute this…Weld, Michael what’s his last name (Sullivan?) that was just running for office…but who is still around that was around then that is whitey and O’Sullivan’s age bracket??…..whitey still concealed his murders by burying the bodies simply means less explaining to do, no body, no case, don’t even have to visit the alleged immunity agreement, Whitey giving O’Sullivan money, there was plenty of money to go around, plenty to spare and keep him happier than happy. Agent Connolly et al never arrested Whitey. Didn’t Flemmi initially claim he had immunity too?? If they did not have immunity, how they managed to get away with so much for so long is rather interesting and what would be some of the other possibilities to explain the lack of arrests over the years?
Jan:
I was around at the time. I knew O’Sullivan. He was a smart guy. He’d know that dealing one on one with a gangster would be fatal to his career. He’s also know he had no right to tell Whitey he could commit murder.
You have to understand how this came about. Flemmi already testified that FBI agents John Connolly and John Morris gave them permission to commit any crime except murder. At that time Flemmi was not charged with any of the murders. On his appeal the First Circuit said the FBI has no right to give anyone permission to commit a crime, only the U.S. Attorney.
When Whitey was caught he had to come up with something. He knew O’Sullivan was dead so he could come up with an meeting witnessed by no one with O’Sullivan where O’Sullivan made a promise that no court in the country would say he’d have the right to make.
Think of it this way. Suppose O’Sullivan met with Whitey and told him he would give him your house. That is meaningless since he has no right to do this. Likewise, O’Sullivan had no right to give Whitey such a pass even if he did.
If he had some principle about not participating in the trial he would’ve refused to appear in court. His immunity story is laughable. Even Flemmi didn’t stoop to that.
Jeff:
It’s more than laughable it’s actually very revealing. Whitey made the whole thing up and now he believes it. Just like he believes he is some sort of victim. Flemmi tried to stoop to it when he said Connolly told him he could do anything but hit someone. At that time no one knew of the murders. The Appeals Court said an FBI agent could not make such a promise only a U.S. attorney. So when Whitey got grabbed he came up with the story about the dead guy promising something far beyond the power of the president. Whitey is devoid of principle.
Who else knew that O’Sullivan was in the business of selling bridges?
Ed:
I knew O’Sullivan but he kept his involvement with the bridges a secret from me. Maybe he knew I couldn’t afford it. You know what would have been nice if actually O’Sullivan did make that promise to Whitey knowing that it would have no validity and Whitey was duped by him. That’d be a good story but sadly everyone knows except Whitey, who apparently convinced himself of the truth of the matter, that O’Sullivan probably never met Whitey.
To what end does it serve O’Sullivan by protecting and harvesting Whitey? To take down La Cosa Nostra? It cannot be believed that O’Sullivan would sacrifice dozens of lives and let Whitey run amok just to go after some minor mob guys. Where did it lead him? It’s not like he built a political career out of it.
WB is going to have to come up with something unimpeachable to prove he had this immunity. Like a video of O’Sullivan explaining the deal and without a gun to his head promising freedom from prosecution.
I wonder who the bigger underworld figure was – Whitey or Anguilo? Would Boston have been better off with one over the other? Or was the war on Italian mobsters directed from Washington?
D:
Angiulo was the top guy. He had Martorano and Winter murdering people for him. Winter Hill tries to portray itself as tougher than the Mafia but it wasn’t – both organizations got along and respected each others borders – Larry Baione of the Mafia was intercepted saying “the Hill is us.”
Good question would we have been better off with one over the other. Hard to say. Without Angiulo we’d still have had a Mafia in Boston; without Whitey Winter Hill would still have controlled its rackets. Whitey was mainly a South Boston hoodlum with that district as his main territory; the Mafia seemed to have a greater territory.
Keep in mind Whitey’s position has been greatly exaggerated by events that occurred after his flight; he was never a target from Washington which had a nationwide war on the Mafia.
D:
Whitey will say (if his book comes out) that O’Sullivan asked him to save him from being hit by the Mafia and if he did that he would protect him from being prosecuted. That would give O’Sullivan incentive to help Whitey. Whitey doesn’t use the Mafia (I prefer Mafia to La Cosa Nostra [“the our thing”] which is pretty much an FBI invention)since he knew O’Sullivan would have had better sources than him into the Mafia. You have to understand that the whole O’Sullivan thing was made up. It is preposterous to believe that Whitey believed he had the right to murder someone even if we want to believe there was some deal between O’Sullivan and Whitey.
Even if Whitey came up with a video he’d still not get immunty because no court in America would say O’Sullivan had the right to make that promise.